Request for a preliminary ruling from the Sąd Okręgowy w Gliwicach (Poland) lodged on 2 December 2013 — Adarco Invest sp. z o.o established in Petrosani (Romania), Polish branch in Tarnowskie Góry

(Case C-629/13)

(2014/C 71/10)

Language of the case: Polish

Referring court

Sąd Okręgowy w Gliwicach

Party to the main proceedings

Appellant: Adarco Invest sp. z o.o established in Petrosani (Romania), Polish branch in Tarnowskie Góry

Question referred

Do Articles 49 and 54 of the Treaty on the Functioning of the European Union and Article 1 of the Eleventh Council Directive concerning disclosure requirements in respect of branches opened in a Member State by certain types of company governed by the law of another State (1) preclude refusal in a Member State to remove from the Krajowy Rejestr Sądowy (commercial register) a branch of a company established in another Member State in so far as that branch has not been wound up in accordance with the procedure laid down for winding up a domestic limited liability company, whereas such a procedure does not have to be carried out to remove a branch of a domestic company from the register? In the case of domestic companies, branches are entered only in the registration of the domestic company and that company is obliged to submit a consolidated financial statement covering the parent company and its branches, whilst branches of foreign companies are registered in the Krajowy Rejestr Sądowy (commercial register) and submit to the register only a financial statement for the branch.

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(1)  OJ 1989 L 395, p. 36.